Deep9 Corporation v. Barnes & Noble Inc., et al.
Published: Jan. 26, 2013 | Result Date: Sep. 21, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-00035 Summary Judgment – Defense
Court
USDC Washington
Attorneys
Plaintiff
Christian E. Mammen
(Womble Bond Dickinson)
Defendant
Melissa J. Baily
(Quinn, Emanuel, Urquhart & Sullivan LLP)
Facts
Deep9 filed a lawsuit against Barnes & Nobles in relation to two of Deep9's patents for syncing up information between devices, which was available in Barnes & Nobles' Nook eReaders.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Defendant's Nook eReaders infringed two of Plaintiff's patents in relation to methods for syncopating information between two or more devices in a network.
DEFENDANT'S CONTENTIONS:
Defendant asserted that it could not be liable because there was no one gentility that carries out all of the steps asserted in the patent claims. Further, those steps were taken by Defendant's servers as well as users of the eReaders, whom Defendant had no control over as to their personal eReaders.
Result
The district court granted summary judgment of non-infringement to Barnes & Noble.
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